New California Law Protects Job Applicants

If you were convicted of a crime but later had it expunged you may know be protected from questions about your past according to one Torrance Criminal Defense Attorney. Beginning January 1, 2014, Labor Code section 432.7 was broadened to prohibit employers from asking job applicants about criminal records that have been expunged, sealed or dismissed. Employers are exempt from these requirements if: (1) the employer is required by law to obtain such information; (2) the job would require the applicant to possess or use a firearm; (3) an individual who has been convicted of a crime is prohibited by law from holding the position sought by the applicant, regardless of whether that crime has been judicially dismissed, expunged, statutorily eradicated or ordered sealed; or (4) the employer is prohibited by law from hiring an applicant who has been convicted of a crime.

The penalties for intentional violation of these statutory provisions are the greater of $500 or treble actual damages, reasonable attorney’s fees and costs, and a fine not to exceed $500.

About thetorranceattorney

Matthew Ruff is a Torrance criminal defense attorney located near the 405 freeway on Crenshaw Blvd. Focusing on DUI and serious criminal cases for over twenty years. In addition to criminal cases, Matthew also defends clients at the DMV.
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